CEO 84-40 -- June 7, 1984
CONFLICT OF INTEREST
D.H.R.S. EMPLOYEE PROVIDING SERVICES FOR CORPORATION DOING BUSINESS WITH DEPARTMENT
To: (Name withheld at the person's request.)
No prohibited conflict of interest exists where an Occupational Therapist II with a D.H.R.S. Sunland Center provides occupational therapy services to developmentally disabled children for a corporation which is doing business with the Department and with the Sunland Center. The employee has no responsibilities regarding the relationships between the Corporation and D.H.R.S. and is not in a position to influence referrals to the Corporation. CEO's 83-85, 84-20, and 84-24 are referenced.
Does a prohibited conflict of interest exist where you, an Occupational Therapist II with a Department of Health and Rehabilitative Services Sunland Center, provide occupational therapy services to developmentally disabled children for a corporation which is doing business with the Department and with the Sunland Center?
Your question is answered in the negative.
In your letter of inquiry you advise that you are employed as an Occupational Therapist II (Adaptive Devices Coordinator) with the Department of Health and Rehabilitative Services, Gainesville Sunland Center. In that position you generally are responsible for the construction and maintenance of adaptive equipment used by clients at the Center. You also advise that privately you provide occupational therapy services to developmentally disabled pre-school children. Payment for these services is received from a corporation which is reimbursed on an O.P.S. basis from the District's Developmental Services Office.
In addition, you advise that the corporation also has contracted to provide occupational therapy services to a facility at the Sunland Center which has been unable to fill an occupational therapist position. In a telephone conversation with our staff, you advise that you have had no responsibility whatsoever regarding the relationships between the corporation and the Developmental Services Office and between the corporation and the Sunland Center. In addition, you advised that client referrals made by the Developmental Services Office to the corporation are independent of the Sunland Center; therefore, you have no influence in that referral process.
We are of the opinion that your question is answered by the rationale of previous opinions CEO 83-85, CEO 84-20, and CEO 84-24. You have played no role in the relationship between the Developmental Services Office or the Sunland Center and the corporation. Nor are you in a position to influence referrals to the corporation.
Accordingly, we find that no prohibited conflict of interest exists in your providing occupational therapy services on your own time for the corporation.